Lauren Bunting Broker MD & DE

Recap of real estate laws from '21 session

Thursday, June 03, 2021, Lauren Bunting

As a conclusion to the previous week’s articles, below is a final reporting of the MD State Legislature, which convened on January 13thand adjourned on April 12th.


Maryland REALTORS®' issues a report each year on the Maryland Legislative session to summarize the legislation that affects the real estate industry. Below is a finishing summary of the items from the report that did pass (a full report showing bills that did not pass is available at mdrealtor.org):


HB 104/SB 401 – Landlord-Tenant – Nonrenewal of Lease – Notice Requirements– Effective October 1, 2021: Extends from 30 days to 60 days the notice that must be given to a tenant when a landlord chooses not to renew a residential lease if the lease was for less than a year. The bill does not change the notice of 90 days for leases of a year or more and exempts small landlords (less than 5 units) from the extended 60-day period if the landlord is being foreclosed upon (the foreclosure exemption does not apply in Montgomery or Baltimore City where the local law already provided for a 60-day notice). 


HB 861/SB 691 – Real Property – Landlord and Tenant – Reusable Tenant Screening Reports– Effective October 1, 2021
Provides that tenants may use “reusable” tenant screening reports if accepted by a landlord. If a landlord chooses to accept a “reusable” tenant screening report, the landlord may not charge a rental application fee. If a landlord chooses NOT to accept “reusable” tenant screening reports, the landlord must notify tenants that such reports are not accepted. 


HB 1069 – Water Supply – Private Well Safety Program
Provides that residential rental property that uses well water must test the well water every three years. If a well is contaminated, the landlord is given three choices: providing a potable water source; remediating the contamination; or providing the tenant with the ability to terminate the lease. Landlords who fail to test their well are subject to a fine up to $1,000. The original bill would have established point-of-sale requirements for well testing, and a transfer tax increase to fund it. 

Lauren Bunting is a Broker with Keller Williams Realty of Delmarva in Ocean City, Maryland.

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